LYNN MARIE PARKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-09-30
No. 3D09-2187
Before COPE and GERSTEN, JJ., and SCHWARTZ, Senior Judge.
18 So. 3d 1199 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 6 cases
Topics
Summary Denial Jail Credit Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.800(a). On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

Because, as the state agrees, the record now before us fails to make the required showing, we reverse the order and remand for further proceedings. If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts, including the most recent sentencing transcript and plea colloquy or any written agreement regarding credit for time served, conclusively showing that the appellant is not entitled to an additional 87 days of jail time credit. See Joyner v. State, 988 So.2d 670 (Fla. 3d DCA 2008); Langdon v. State, 947 So.2d 460 (Fla. 3d DCA 2007) (on clarification).

Reversed and remanded for further proceedings.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Aristides v. State, 44 So. 3d 195 (Fla. 3d DCA 2010)
    …docket sheet attached to the order on review is insufficient to conclusively show that the Aristides is entitled to no relief for the time he was incarcerated in June 2009, we reverse the order and remand for further proceedings. See Parks v. State, 18 So. 3d 1199 (Fla. 3d DCA 2009) (“If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excepts, including the most recent sentencing transcript and plea colloquy or any written agreement regarding cr…
  • Dominguez v. State, 47 So. 3d 904 (Fla. 3d DCA 2010)
    …nguez’s motion for additional credit for time served because nothing attached to the order on appeal demonstrates that Dominguez is not entitled to the additional credit he seeks. Aristides v. State, 44 So. 3d 195 (Fla. 3d DCA 2010); Parks v. State, 18 So. 3d 1199 (Fla. 3d DCA 2009). This cause is remanded for further proceedings. Reversed and remanded.…
  • Norberto O. Eason v. State, 47 So. 3d 933 (Fla. 3d DCA 2010)
    …O. Eason’s motion for additional credit for time served because nothing attached to the order on appeal demonstrates that Eason is not entitled to the additional credit he seeks. Aristides v. State, 44 So. 3d 195 (Fla. 3d DCA 2010); Parks v. State, 18 So. 3d 1199 (Fla. 3d DCA 2009). This cause is remanded for further proceedings. Reversed and remanded.…

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